Implied terms

• What two ways can terms be implied?

  By courts or parliament
• Give the two statutes I need to know for implied terms

  1. Consumer Rights Act 2015
  2. Consumer Contracts Regulations 2013
• What are the sections for Supply of goods?

  1. section 9: Satisfactory quality
  2. section 10: Fit for purpose
  3. section 11: As described
• What are the sections for Supply of Services?

  1. section 49: Reasonable care and skill
  2. section 51: Reasonable price
  3. section 52: Reasonable time
• What are the sections for remedies in Consumer Rights Act 2015?

  1. section 20: Short term right to reject
  2. section 23: Right to repair or replacement
  3. section 24: Right to price reduction or final right to reject
• How does the Consumer Rights Act 2015 define a consumer?

  an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession
• How is it decided whether goods are of satisfactory quality according to S.9 CRA?

  Goods should meet the standard that a reasonable person would find satisfactory.
• As well as state and condition, what does the quality of goods include?

  1. fitness for all usual purposes
  2. appearance and finish
  3. freedom from minor defects
  4. safety
  5. durability
• Name and explain a case example where the courts were willing to imply a term into the parties' contract

  The Moorcock --> The ship was damaged when it grounded on hard rock rather than mud. Courts implied the term as the contract would have made no sense otherwise.